A handwritten will may still be valid in a state that doesn’t normally recognize them, if you have the right facts.
Many states (let’s label it “State A”) recognize that a will executed in a foreign state (“State B”), pursuant to the laws of State B when executed, can also be valid in State A. For example, see ORS 112.255(1)(c) and RCW 11.12.020. This can come into play when you are dealing with states that recognize holographic (handwritten) wills, like California, and states that do not recognize such wills, such as Oregon and Washington.
So do not be dismissive about a holographic will. Where was it executed? Did it comply with the statutory requirements for a valid will in the state in which it was executed?
Domicile is another important issue when looking at a will. Domicile is not as simple as where somebody owns a home. Domicile, generally, means the place where a person resides and intends to remain permanently to the exclusion of other locations. To determine if there is a change in domicile, generally courts look to: (1) the decedent’s residence; (2) the decedent’s intention to abandon the prior domicile; and (3) an intention to acquire a new one.
The reason domicile is important is that State A may recognize that a will executed pursuant to the laws of a different state of the decedent’s domicile at the time of execution, or domicile at the time of the testator’s death, is still valid in State A. Oregon and Washington recognizes this approach. ORS 112.255(1)(b); RCW 11.12.020. It’s important to note that it’s not an “and” test, it’s an “or” test, so look at both options, if applicable.
